ESTABLISHMENT OF PATERNITY

CS 310P Mother or Alleged Father is Deceased

09/94 Revised 10/23/06 Training Complete 11/03/06

UCA 78B-15-509

 

If the mother is deceased, you may attempt to establish paternity on the child through motherless (dyad) genetic testing or other means after consulting with your management chain (Manager, Associate Regional Director, Regional Director, and CSS Director).  (On CIC cases, ARD approval for dyad testing is sufficient if genetic testing has been ordered by Juvenile Court, otherwise, approval must be obtained from the management chain listed above.) 

 

If the alleged father is deceased, do not initiate an attempt to legally establish paternity on the child.  Close the case. 

 

If the alleged father is deceased, but CSS is notified prior to burial or cremation, and a genetic tissue sample can be easily obtained (i.e., no extra expense for CSS, the signed consents required by the lab to retrieve the sample are not a problem to obtain, etc.) you may pursue the genetic test at the request of the mother, upon order of a Juvenile Court judge, or if the testing will assist in resolving a multiple consort situation.  Even if testing is completed and the results are positive for the deceased man, CSS will not pursue any additional legal action to adjudicate the deceased man as the father.  Pend the case for closure as soon as the test results are received. 

 

If the alleged father was personally served with paperwork to commence the paternity establishment action prior to his death and genetic tests have been completed showing that he was the biological father, consult with the AGO on a case-by-case basis about the possibility of completing paternity establishment judicially. 

 

Do not use the administrative process to issue an order against a deceased respondent, regardless of whether the individual was served prior to death.